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Maltese Laws |
HOUSING (EXTENSION) ACT
To extend the Housing Act, Cap. 125.
13th February, 1992
ACT XIV of 1992 as amended by Acts XXIII of 1992 and III of 1995, and
Legal Notice 425 of 2007.
2. (1) With effect from the date when, in accordance with arti cl e 21 thereof i t s op er ati v eness wou l d h a v e ex
pired, the H ousing Act , herei n aft e r referred to as "the principal Act" reproduced in the schedule to this Act is being hereby re-enacted
subject to the amendments as incorporated in the said principal Act as reproduced in the said schedule.
(2) The principal Act as reproduced in the schedule to this Act and as may from time to time be amended, shall be operative for
a period of 3 years commencing on the 13th day of February 1992 and may be continue d in force in the manner pr escribed in the proviso
to article 21 thereof.
Short title.
Re-enactment of Housing Act. Cap. 125.
Transitory provision.
Act XXXVII of
1989.
SCHEDULE
(Article 2)
To make prov ision for securing living accomm odation to the homeless, for ensuring a fair distribution of living accommodation and for the requisitioning of buildings.
Amended by: XXIII. 1992.2; III. 1995.2;
L.N. 425 of 2007.
1. The short title of this Act is the Housing Act.
2. In this Act, unless the context otherwise requires -
"building" means a house or other building, or part thereof, used or capable of use for residential purposes, and includes
any land or garden forming an integral part, or enclosed within the precincts, of such a house or other building; but does not include
a tenement falling within the definition of shop under article 2 of the Reletting of Urban Property (Regulation) Ordinance;
"Direc tor of Social Housing" or "Director" m eans the public officer appointed by the Prime Minister to be the
Director of Social Housing for the purposes of this Act;
Short title. Interpretation.
Cap. 69.
Power to requisition effects and enforcement.
"Minister" means the Minister responsible for housing:
Prov ided that the Mini ster may, by w r iti ng und er his hand, delegate all or any of his powers and duties under this Act to any
officer of his Ministry, and, to the extent of such delegation, if made, any r eference to the Minister in this Act shall include
a reference to such officer;
"requisition" means take possession of a building or require the building to be placed at the disposal of the requisitioning
authority;
"req uisi ti one e" m ean s th e p e rso n or p e rso n s from w hose possession a building has been requisitioned by the
requisitioning authority.
3. (1) If it appears to the Director of Social Housing to be necessary or expedient so to do in the public interest, but only
for the purpose of providing living accommodation to persons or of ensuring a fair distribution of such living accommodation, he
may requisition any building, and may give such directions as appear to him to be necessary or expedient in order that the requisition
may be put into effect and complied with.
(2) A requisition order made under subarticle (1) shall be served on the person entitled to the immediate occupation of
the building requisitioned, or his agent or representative, and where the bu il di ng , i s h e l d by t h e occup a nt on l ease,
or o n a tem por ary emphyteusis expiring not later than five years from the date of the order, it shall also be served on the landlord
or the direct owner, as the case may be, or their agent or representative:
Provided that where a title to any building as aforesaid, or to its occupancy, belongs to more than one person, service of the requisition
order on any one of such persons shall, in respect of the ti tle held in co mm on wi th ot hers, h av e effect as if it had been
served also on all such other persons.
(3) Where, after the exercise of due diligence, any person on whom a requisit i on order is to be served, or his agent or representative,
cannot be found, or if found refuses to accept the order, the requisition order shall be deemed to have been validly served on such
person, and on such other persons as would have been deemed to be served with the order had it been served on such persons, if notice
of the order is given in the Government Gazette and in not less than three daily newspapers published in Malta.
(4) A requisition order made and served in accordance with the provisions of this article shall operate and have full effect against
all persons and shall remain so operative and effective until the building is derequisitioned.
(5) Any police officer not below the rank of sergeant may, on instructions from the director, take such steps and use such force
as appear to him to be reasonably necessary for securing compliance with directions given to any person under the provisions of
this article or of article 9 requiring him to give up possession of the building:
Provided that the Director shall not give such instructions as aforesaid except in cases connected with reconstruction or with replanning,
or with mass evacuation, or in the case of unauthorized occupation, or in other cases which the Director deems urgent, and ex cept
so far as they are reasonably justifiable in a democratic society.
(6) Where a building requisitioned under this article is vacated and belongs in absolute ownership or on emphyteusis to a person
who proves to the satisfaction of the Director that he intends to take po ssessi on o f t h e bu il d i n g to e s tab l i s h t
h erei n hi s ordi na ry residence or that of any of his children, the Director shall allocate the building to such person, or any
of his children aforesaid, as the cas e may require; and if such ordinary residence is in fact s o established within six months
from the date of the allocation, or such later date as the Director may for a good reason allow, and continues for a period of not
less than two years, the Director shall, if he is so requested, derequisition the building.
(7) Where a requisition order has been made, and the requisitionee shows to the satisfaction of the Director that
he is u n able to pro c u r e transpo r t fo r th e remo val of , or alt e rn at ive stor age pl ace for, the furniture or othe r
arti cles existing in the building requ isiti oned, it shall be the duty of the Director to provide such means of transport and alternative
storage place as may be required, without prejudice to the provisions contained in subarticle (9).
(8) Where any requisition order is not complied with, or where, after the exercise of due diligence, no person having the right
of immediate occupation of the building requisitioned, or his agent or representative, can be found, the Director may give such orders
as he m ay think fit for the removal and storage of the furniture or articles existing in the building:
Provided that before such removal an inventory of the furnitur e or articles aforesaid shall be made and signed by the Director
or his representative in the presence of a police officer not below the rank of sergeant, who shall also affix his signature to the
inventory.
(9) In every case where the transport or storage of furniture or articles is provided by the Director under this article, such
furniture or articles shall, during transport and storage, remain at the sole risk of the owner thereof and, in respect of storage,
likewise at his charge; and no compensation shall be payable in respect of any de ficiency therei n or da m a g e th eret o i f i
t i s p r ov ed th at su ch deficiency or damage was not caused by negligence on the part of the Director or persons acting on his
instructions.
(10) While a building is in the possession of the Director by virtue of this Act, the building may be used only for the purposes
set out in subarticle (1), but, save as aforesaid, the Director, so far as it appears to him to be necessary or expedient in connection
with the taking of possession or use of the building in pursuance of this Act, may d o , or au th or ise perso n s usin g th e b
u i l d i n g to d o , i n r e lati on t o th e b u il di ng , an yt hi ng w h i c h an y per s on h a v i n g an
unrestricted interest in the building would be entitled to do by virtue of that interest.
Director's power to require information.
4. (1) Any person, if requested by or on behalf of the Director so to do, shall furnish to the Director, or to such person as
may be specified in the request, such information in his possession relating t o any bu ild in g, b e ing i n format io n w h i c
h m a y reasonab l y be demanded of him in connection with, or which the Director deems necessary for, the taking of possession
of any building or with the accommodation of persons therein, as may be specified.
(2) The Director or any other person deputed in writing by the Dire ctor for the purpo se may require any info rmation required
under the last preceding subarticle to be given in writing and the statement to be signed by the person giving the information. In
the case of an illiterate person, the Director or, as the case may be, any other person aforesaid may require the statement by the
person giving the information to be marked by that person in the presence of two witnesses who shall sign the statement.
(3) Whosoever knowingly gives an information under the foregoing provisions of this article which is false or incorrect in
any material particular shall be guilty of an offence under this Act and shall be liable, on conviction, to a fine (multa) of not less than two hundred and thirty-two euro and ninety-four cents (232.94) but not exceeding one thousand and one hundred and
sixty-four euro and sixty-nine cents (1,164.69) or to imprisonment for a period of not less than fifteen days and not exceeding
three months, or to both such fine and imprisonment.
Maintenance, repairs, improvements and fixtures in requisitioned premises.
Cap. 16.
Cap. 16.
5. (1) Subject to the provisions of the next following subarticle, the Director shall have the same rights and
obligations in respect of repairs and maintenance of a requisitioned building as a tenant under the relevant provisions of the Civil
Code.
(2) When a building which has been in the possession of the Director under the provisions of this Act is vacated, the Director
(unl ess t h e requisit i on ee prefers t o ret a in sam e pay i ng compensation as laid down in article 1564 of the Civil
Code), may remove all fixtures or other improvements of whatsoever nature made therein during the requisition period, making compensation
to the requisitionee for the damage which may have been caused by the p l acin g o r by th e remo val o f th ose fixt ures
or other improvements.
Applicability under this Act of requisition orders made previously to its enactment.
6. The possession of any building which has been taken by the Minister or by another competent authority under or in virtue of
the Malta Defence Regulations, 1939*, or under or in virtue of the
Protection Office Regulations, 1942†, published by Government
Notice No. 435 dat e d the 20th August, 1942, shall, where t h e bu ild in g o n the date o f enactmen t o f t h i s Act is stil
l in th e possession of the Minister, be deemed to have been taken under the
provisions of this Act.
*No longer in force.
†Repealed by Government Notice No. 323 of 25th May, 1949.
7. Any building which was in the possession or at the disposal o f or h e ld by t h e Min i st er by v i rtu e of a r e qu is
it io n mad e i n accordance with the provisions of this Act, and in respect of which a tenancy or subtenancy was not created by
virtue of article 8, shall be deemed to have been requisitioned by the Director and to be in his possession or at his disposal or
held by him, as the case may be.
8. (1) Where any persons have been accommodated in a building which is held by virtue of a requisition, the Director
may at any time, by means of a judicial letter, require the requisitionee to recognize the persons so accommodated as tenants or
as sub- tenants of the building as the case may be.
(2) Within thirty days of service on him of a judicial letter under the last preceding subarticle, the requisitionee, by
application b e fo re th e F i r s t Hall o f th e Ci vi l Co ur t in co n t est a ti on of t h e Director, may pray for an authorisation
of non-compliance with that request:
Provided that, in the case where the building has been requisitioned from the tenant, the latter, by a judicial letter to
be filed within fifteen days from service on him of the judicial letter p r o v ided for i n the l a st preceding subarticle, m
a y inform the Director that he does not wish to retain the tenancy, and thereupon the Director shall be entitled to take action
under the last preceding subarticle against the landlord.
(3) The court shall not grant the authorisation of non- compliance mentioned in the last preceding subarticle unless
the applicant shows to the satisfaction of the court that serious hardship would be caused to him by complying with the request:
Provided that the assertion that the requisitionee wishes to take possession of the building for his own use or for the use of any
member of his family shall not be considered of itself as a hardship for the purposes of this subarticle.
(4) Any subtenancy created by virtue of this article shall not be deem ed to be a su btenan cy for th e p u rposes of article
9 of the Reletting of Urban Property (Regulation) Ordinance.
(5) No right of preference under the Civil Code or under the Rent Restriction (Dwelling Houses) Ordinance, shall be competent in respect of any tenancy or subtenancy created by virtue of this article.
(6) Where a tenancy or a subtenancy is created by virtue of this ar ticl e , th en, unless an agr eement to t h e cont rary is
lawf ully reached, a contract of lease or sublease of the building under the usual conditions laid down by the Rent Regulation Board
established under the Reletting of Urban Property (Regulation) Ordinance and for a period of three months, to be reckoned from
the date of def i ni te r ecog n it ion , sh all be d eemed to hav e been en tered in to bet w een the requ isit io nee o f t h e
b u i l d i ng an d t h e
person accommodated therein, and rent, equal to the periodical amount paid or payable by the Director as compensation for the occupation
of the building, shall be payable quarterly in advance in
respect thereof.
Transfer of requisitioned buildings to Director.
Recognition by landlord or by person holding title under him of persons accommodated by Director in requisitioned premises.
Cap. 69. Cap. 16.
Cap. 116.
Cap. 69.
Power of Director to order occupant of requisitioned building to quit the same.
Power of entry of
Director.
Compensation payable in respect of requisitioned building.
Cap. 116.
9. Where a person has been accommodated in a building requisitioned under this Act, the Director may, even though such
person pays compensation in respect of such accommodation, order him to quit such building and to surrender the same to the Director
within such time as the Director may determine, if he is of opinion that such person is not making use of the building for residential
purposes, or is the owner of or has or who is otherwise provided with another bu ilding which he can use as hi s and his family's
residence, or if it is reasonably required so to act in the interests of defence, public safety, public order or public health.
10. The Director or any other person deputed in writing by the Director for the purpose may enter any building at all reasonable
times with a view to obtaining information to enable him to carry out any of his powers under this Act.
11. (1) Subject as hereinafter provided, the compensation pay ab l e in r e sp ect of the requ isition of a build ing shall
be the aggregate of the following sums, that is to say -
(a) a sum equal to the rent which might reasonably be expected to be payable by a tenant in occupation of the building during
the period for which possession of the building is retained by virtue of the provisions of this Act, under a letting granted
immediately before the beginning of that period:
Provided that where the building is used by the Director or by a person accommodated therein after a requisition, as a dwelling house
within the meaning of the Rent Restriction (Dwelling Houses) Ordinance the rent shall not exceed the fair rent as defined in article 2 of the aforesaid Ordinance;
(b) a sum equal to the cost of making good any damage to the building which may have occurred during the period in which possession
thereof under requisition was retained (except in so far as the damage has been made good during that period by the occupant of
the requisitioned premises or by a person acting on behalf of the Director), no account being taken of damage which, under
the provisions of this Act, is the responsibility of the requisitionee;
(c) a sum equal to the amount of expenses reasonably incurred, otherwise than on behalf of the Director, for the purpose of
compliance with any directions given by or on behalf of the Director in connection with the taking possession of the building,
but without prejudice to the provisions of article 3(5).
(2) Any compensation under subarticle (1)(a) shall be deemed to accrue due fro m day to day duri ng the period i n which possession of the building is held in the exercise
of the powers vested in the Director by this Act, shall be apportionable in respect of time accordingly; and shall be paid to the
person who for the time being would be entitled to occupy the building but for the fact that it is requisitioned; but the provisions
of this subarticle shall not
operate so as to require the making of payments by the Director at intervals of less than three months.
(3) Any compensation under subarticle (1)(b) shall accrue due at the end of the period in which possession of the build ing is retained in the exercise of the powers vested
in the Director by this Ac t, and shall be paid to the person who is then the beneficial owner of the building.
(4) Any compensation under subarticle (1)(c) shall accrue due at th e tim e when expenses in respect of wh ich comp ensation is payable are incurred, and shall be paid to the
person by whom or on whose behalf those expenses were incurred.
12. (1) Compensation under article 11(1)(a) shall, in all cases, be assessed by the Rent Regulation Board established under the Reletting of Urban Property (Regulation) Ordinance which for that purpose shall have exclusive jurisdiction subject to appeal in cases allowed by that Ordinance:
Provided that, in respect of dwelling houses within the meaning of the Rent Restriction (Dwelling Houses) Ordinance, possession of which has been taken by the requisitioning authority before the 22nd February 1946 and, at the time of the hereunder
men tio ned appl icati on, i s stil l r e tai n ed by that aut hor it y, th e requisitioning authority or the requisitionee may
at any time apply to the said Board for the assessment of the fair rent as defined in article 2 of the last mentioned Ordinance,
and such fair rent shall be the compensation payable under article 11(1)(a) in respect of that possession as from the date of service of the application on the requisitionee or his representative or, as
the case may be, on the requisitioning authority.
(2) Compensation under article 11(1)(b) and (c) shall, in case of disagreement, be assessed by the First Hall of the Civil Court.
Assessment of compensation.
Cap. 69.
Cap. 116.
13. Any compensation which, prior to the coming into operation of this Act, has been lawfully assessed shall be deemed
to h a ve been so assessed und er a nd for the purposes o f this Act, without prejudice however to the provisions contained in
article
12(1).
14. The Minister may make and when made amend, repeal or repeal and re-enact regulati ons for the purpo se of carrying the prov
isions o f t his Act into effect and i n particul ar, but wit hout p r ejud ice t o t h e generalit y o f th at po wer, for al
l o r any of the following purposes:
(a) for requiring any returns to be made in respect of buildings, or any class thereof, their occupation and use;
(b) for maintaining an equitable distribution of housing accommodation;
(c) for determining within the upper limits set out in article 17 special penalties applicable in respect of any breach of
any regulation so made;
Compensation assessed previously to enactment of this Act.
Power to make regulations.
Restriction of powers given under this Act.
Service of notices under this Act or under regulations thereunder.
(d) for fixing storage fees and for providing for the retrieval or disposition of furniture or articles, including
the sale thereof, removed from a building requisitioned under this Act.
15. Nothing in this Act contained shall confer any right upon any person to demand the exercise in his favour or in favour of any
other person of any requisi tioning or other power vested in the Minister.
16. Without prejudice to any special provision contained in this Act, a requisition order or a notice to be served on any
person for the purposes of this Act or of any regulations made thereunder may be served by sending it by registered letter post addressed
to that person at his last or usual place of abode or place of business, and shall be presumed, saving any proof to the contrary,
to have reached the addressee in the normal course of the postal service.
Penal provisions. 17. (1) Any person who, without lawful excuse, the proof whereof shal l lie on him, comm it s any breach of any order
or regulation given or made under this Act, whether by doing anything which he ought not to do or by omitting anything which he ought
to do, or by preventing other persons from doing anything which they are enjo ined or p e rmitt ed to do o r by u ndoing o r frust
r ating anything which other persons may have done under the provisions of this Act or of any order or regulation thereunder, or
by hindering or obstructing the Director or any other person acting on his behalf or under his authority, shall be guilty of an offence
under this Act and shall, on conviction, be liable to a fine (multa) of not less than two hundred and thirty-two euro and ninety-four cents (232.94) but not exceeding one thousand and one hundred and
sixty-four euro and sixty-nine cents (1,164.69) or to imprisonment for a period of from fifteen days to three months or to both
such fine and such imprisonment:
Provided that any person who commits an offence against the provisions contained in article 4(1) and (2) shall, on conviction, be
liable to a fine (multa) of not less than eleven euro and sixty- five cents (11.65) and not more than two hundred and thirty-two euro and ninety-four cents
(232.94) or to imprisonment for a period of fifteen days to three months o r t o b o t h s u c h f i n e a n d imprisonment.
(2) In the case of any such breach, the court, besides awarding punishment or applying the provisions of articles 7 and 22 of the
Cap. 446.
Pro b atio n Act shall order the offender, wh ere the oc ca si on s o requires, to comply with the law within a time, sufficient for the
purpose, to be fixed by the cour t; and, if the offender fails to comply with any such order within the time so fixed, he shall be
l i able to a fin e (amm en da) of from on e eu ro an d sixteen cent s
(1.16) to twenty-three euro and twenty-nine cents (23.29) for every day the default continues after the expiration of the said time.
(3) The court may also order that physical compliance with the requirements of law be carried out by the Police at the expense
of the offender, in which case the offender may be made to refund the expense, under the warrant issued by the court.
(4) The powers given to the court under subarticles (2) and (3) shall be deem ed to be wit hout prejudice to the po wers of the
Director under article 3 or to any other power given or which may be given to him or to any other person by any regulation.
18. (1) Any offence under this Act or under any order or regulation made thereunder shall, for the purpose of the Criminal Code, fall into the class of contravention s , even where the punishment provided in respect of that offence is higher than those laid
down in the said Code in respect of contraventions:
Provided that criminal action arising out of any provision of this Act shall be barred by the lapse of one year unless a longer period
is necessary under any other law in respect of any specific offence.
(2) Every punishment provided for any offence under this Act shall be deemed to be so provided without prejudice to any higher
punishment applicable to the offence under any other law whenever the circumstances set out in such other law concur in the offence.
In any such case th e punishment laid down in that other law shall apply.
(3) Any proceedings for any offence under this Act shall be instituted by the Police in the Court of Magistrates, sitting as a
Court of Criminal Judicature.
(4) Notwithstanding the provisions of article 413 of the Cr im in al Co de , every decisi on of th e Co urt o f Magist rat e s in respect of an offence under this Act may, in all cases, be appealed against
by the Attorney General and by the party convicted.
Competence in respect of offences under this Act. Cap. 9.
19. (1) When the alleged offender is, on account of mental disease or physical disability, unable to appear in court, or is absent
from Malta or has absconded, and the Director certifies on oath that it is urgently required that the law be enforced, the court
shall order the summons to be served on any known lawful representative of the alleged offender or any known person having the custody
in fact of the alleged offender or, if the alleged offender has not a known lawful representative o r is no t under the custody
in fact of any known person, on his husband or wife or on a near relation by consanguinity or affinity or on any person, if any,
entrusted with the management of his property.
(2) In any such case the court shall apply the provisions of this Act; provided that where there is room for the application of
any punishment under article 17(1) and (2) against such offender, the cou r t shall, for th e pur pose o f d e t e rm ini ng wh et
her o r no t the punishment is to be applied, adjourn the case until he is fit to stand trial or until his return.
Offences by incapacitated persons or absentees.
20. (1) All trials in respect of offences under this Act shall be deemed to be urgent and not to admit of any delay for the purposes
of articles 361 and 364 of the Criminal Code.
(2) In respect of an appeal from a decision concerning an offence under this Act, the application referred to in article
417 of
Procedure and appeals.
Cap. 9.
Right of appeal. Added by: XXIII.1992.2.
Limitation of rights of Director. Substituted by: III.1995.2.
the Criminal Code shall be filed within two working days and, in the case of an appeal from a decision of the Court of Magistrates (Gozo), within five
working days. Such periods shall run as provided in that article.
20A.* Notwithstanding anything contained in this or any other law, a right to appeal to the Court of Appeal whether on a point of law or
of fact shall lie from the decision of any board, tribunal or court, whereby the amount of any compensation due under this Act has
been assessed, and such appeal shall be entered in the same manner and within the same term as an appeal on a point of law to th
e sam e court is to be en tere d from a decisi on of such board, tribunal or court.
21. With effect from the 1st March, 1995, the Director of
Social Housing may not requisition any premises under article 3:
Provided that the provisions of this Act and of article 10 of the Housing (Amendment) Act, 1989, shall continue to apply to any building
in the possession of the Director of Social Housing on the
28th February, 1995.
*See transitory provision - Act XXIII.1992.3.
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